Senate Bill sb0266

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    Florida Senate - 2003                                   SB 266

    By Senator Pruitt





    28-347-03

  1                      A bill to be entitled

  2         An act relating to water control districts;

  3         amending s. 298.54, F.S.; providing for

  4         apportionment of maintenance taxes on the basis

  5         of subsequent improvements; providing for

  6         apportioning such taxes equally to equally

  7         benefitted acres; creating s. 298.675, F.S.;

  8         limiting liability of water control districts

  9         for injuries resulting from third-party use of

10         district lands, rights-of-way, works, or

11         easements for specified activities, facilities,

12         and purposes; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 298.54, Florida Statutes, is

17  amended to read:

18         298.54  Maintenance tax.--To maintain and preserve the

19  ditches, drains, or other improvements made pursuant to this

20  chapter and to repair and restore the same, when needed, and

21  for the purpose of defraying the current expenses of the

22  district, including any sum that is which may be required to

23  pay state and county taxes on any lands that which may have

24  been purchased and which are held by the district under the

25  provisions of this chapter, the board of supervisors may, upon

26  the completion of the said improvements, in whole or in part

27  as may be certified to the board by the chief engineer, levy

28  annually a tax upon each tract or parcel of land within the

29  district, to be known as a "maintenance tax." The Said

30  maintenance tax shall be apportioned upon the basis of the net

31  assessments of benefits assessed as accruing from original

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    Florida Senate - 2003                                   SB 266
    28-347-03




 1  construction and any subsequent improvements, shall be

 2  evidenced to and certified by the board of supervisors not

 3  later than June 1 of each year to the property appraisers of

 4  counties in which lands of the district are situated, and

 5  shall be extended by the county property appraisers on the

 6  county tax rolls and collected by the tax collectors in the

 7  same manner and time as county taxes, and the proceeds

 8  therefrom shall be paid to the said district. However, the

 9  board of supervisors may apportion maintenance taxes for the

10  maintenance of the district facilities equally to all

11  benefitted acres if the board determines that benefits are

12  substantially equal for benefitted acreage throughout the

13  district. Such Said tax shall be a lien until paid on the

14  property against which assessed and enforceable in like manner

15  as county taxes.

16         Section 2.  Section 298.675, Florida Statutes, is

17  created to read:

18         298.675  Water control district

19  liability.--Notwithstanding any general law or special act to

20  the contrary, the following provisions control with respect to

21  the liability of any water control district created under this

22  chapter or by special act to persons using district lands,

23  rights-of-way, works, or easements for authorized, permitted,

24  or licensed activities or facilities or for outdoor

25  recreational purposes.

26         (1)  Except as provided in subsection (3), when a water

27  control district individually or jointly with another agency

28  of government authorizes, permits, or licenses activities or

29  facilities within district lands, rights-of-way, or works or

30  lands over which the district has a legally established

31  easement right, thereby allowing access to or use of such

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    Florida Senate - 2003                                   SB 266
    28-347-03




 1  lands, rights-of-way, or works for such activities or

 2  facilities or for outdoor recreational purposes, the district

 3  is not liable for personal injury or damages caused by the

 4  negligent or willful and intentional acts of a permittee or

 5  the permittee's invitees which occur as a result of carrying

 6  out such activities or from the use of such authorized,

 7  permitted, or licensed facilities.

 8         (2)  Other than as specified by subsection (3), when

 9  district lands, rights-of-way, works, or easements are used or

10  accessed by the public for authorized, permitted, or licensed

11  activities or facilities or for outdoor recreational purposes,

12  the district does not, by authorizing such use or access,

13  extend any assurance that such lands, rights-of-way, works, or

14  easements are safe for any purpose; does not by such

15  authorization incur any duty of care toward a person who goes

16  onto those lands, rights-of-way, works, or easements; and is

17  not responsible for any injury to persons or property caused

18  by a negligent act or omission of a person who goes onto those

19  lands, rights-of-way, works, or easements.

20         (3)  This section does not relieve any water control

21  district of any liability arising out of the acts or omissions

22  of its officers, employees, or agents which would otherwise

23  exist for negligent or deliberate, willful, or malicious

24  injuries to a person or property as provided by applicable

25  law. This section does not create or increase the liability of

26  a district or any person beyond that authorized by s. 768.28.

27         (4)  As used in this section, the term "outdoor

28  recreational purposes" includes activities such as, but not

29  limited to, horseback riding, hunting, fishing, bicycling,

30  swimming, boating, camping, picnicking, hiking, pleasure

31  

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    Florida Senate - 2003                                   SB 266
    28-347-03




 1  diving, nature study, water skiing, motorcycling, and visiting

 2  historical, archaeological, scenic, or scientific sites.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

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 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides for apportionment of water control district
      maintenance taxes based on subsequent improvements, as
 9    well as on original construction. Authorizes a district
      board to apportion such taxes equally to all benefitted
10    acres when benefits are substantially equal. Limits
      district liability with respect to injuries incurred by
11    persons on district lands, rights-of-way, works, or
      easements for authorized, permitted, or licensed
12    activities or facilities or for outdoor recreational
      purposes.
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